ROME: An Italian court has declared unlawful a decree imposed by Rome’s right-wing government last year allowing only the most vulnerable migrants to disembark from a rescue ship, a charity said on Monday.

The verdict relates to restrictions imposed in November on the German-flagged Humanity 1, which had picked up 179 people in distress in the Central Mediterranean, the world’s deadliest crossing.

It was given permission to dock in the Sicilian port of Catania, but only for enough time to disembark its most vulnerable passengers. While 144 people were allowed off, another 35 adult male migrants were refused, leaving them stranded.

Similar restrictions were imposed at the time on the Geo Barents, run by medical charity Doctors Without Borders, while a third vessel, the Ocean Viking, decided to head to France rather than face the same situation.

Eventually the 250 remaining migrants from both Humanity 1 and Geo Barents were allowed to disembark, following sharp criticism from the NGOs and the UN.

Following a legal challenge, a Catania court has now declared the Humanity 1 decree ‘unlawful’, according to a Feb 6 judgement published by SOS Humanity on Monday.

“It is clear that among the international obligations assumed by our country, there is that of providing assistance to every shipwrecked person, without distinguishing on the basis of health, as in the inter-ministerial decree,” it said.

Mirka Schaefer, advocacy officer of SOS Humanity, hailed the verdict, saying “the new Italian government is obliged to follow international law”.

Prime Minister Giorgia Meloni’s government took office in Oct after Sept elections in which her far-right Brothers of Italy party and its allies vowed to stop the tens of thousands of migrants who land on Italy’s shores each year.

A new, wider-ranging decree law was introduced this January obliging charity ships to only perform one rescue at a time. SOS Humanity said this decree also contradicted international maritime law, urging lawmakers to vote against it when it comes before parliament this week to become a full law.

The Council of Europe has also criticised the January decree, warning it “could hinder the provision of life-saving assistance by NGOs”.

Charity vessels only rescue around 10 per cent of migrants brought to safety in Italy, with most saved by coastguard or navy vessels. But the government accuses charity ships of acting as a pull factor and encouraging people traffickers.

Published in Dawn, February 14th, 2023